Section 586. Remedies of bondholders  


Latest version.
  • 1. In the event that the authority
      shall default in the payment of principal of or interest on any  of  the
      bonds  after the same shall become due, whether at maturity or upon call
      for redemption, and such default shall continue for a period  of  thirty
      days,  or in the event that the authority shall fail or refuse to comply
      with the provisions of this title, or shall  default  in  any  agreement
      made  with  the  holders  of  the  bonds, the holders of twenty-five per
      centum in aggregate principal amount of the bonds  then  outstanding  by
      instrument  or  instruments,  filed  in  the  office of the clerk of the
      county of Jefferson and proved or acknowledged in the same manner  as  a
      deed  to be recorded, may appoint a trustee to represent the bondholders
      for the purposes herein provided.
        2. Such trustee may, and  upon  written  request  of  the  holders  of
      twenty-five per centum in principal amount of the bonds then outstanding
      shall, in his or its own name:
        (a)  by  suit, action or special proceeding, enforce all rights of the
      bondholders, including the right to require the authority and the  board
      to  collect tolls and rentals adequate to carry out any agreement as to,
      or pledge of, such tolls and rentals, and to require the  authority  and
      the  board to carry out any other agreements with the bondholders and to
      perform its and their duties under this title;
        (b) bring suit upon the bonds;
        (c) by action or suit in equity, require the authority to  account  as
      if it were the trustee of an express trust for the bondholders;
        (d)  by  action or suit in equity, enjoin any acts or things which may
      be unlawful or in violation of the rights of the bondholders;
        (e) declare all bonds due and payable and if any default shall be made
      good to annul such declaration and its consequences.
        3. The supreme court shall have jurisdiction of any  suit,  action  or
      proceeding by the trustee on behalf of the bondholders. The venue of any
      such suit, action or proceedings shall be laid in Jefferson county.
        4.  Before  declaring  the  principal of all bonds due and payable the
      trustee  shall  first  give  thirty  days'  notice  in  writing  to  the
      authority.
        5.  Any  such trustee, whether or not all bonds have been declared due
      and payable, shall be entitled as of  right  to  the  appointment  of  a
      receiver  who may enter and take possession of the bridges and road then
      under the jurisdiction of the authority or any part or parts thereof and
      operate and maintain the same and collect and receive all tolls, rentals
      and other revenues thereafter arising from the American  channel  bridge
      in  the  same  manner as the authority itself might do and shall deposit
      all such moneys in a separate account and apply the same in such  manner
      as  the  court  shall  direct.  In any suit, action or proceeding by the
      trustee the fees, counsel fees and expenses of the trustee  and  of  the
      receiver,  if  any, shall constitute taxable disbursements and all costs
      and disbursements allowed by the court shall be a first  charge  on  any
      tolls,  rentals  and  other  revenues  derived from the American channel
      bridge.
        6. Such trustee shall in addition to the foregoing  have  and  possess
      all  of  the  powers  necessary  or  appropriate for the exercise of any
      functions specifically set forth  herein  or  incident  to  the  general
      representation  of  the bondholders in the enforcement and protection of
      their rights.